Law and LGBT rigths.

Law and GLBT Rights.

Constitutional Rights: The article 19.

As you may know, a big part of our Constitution -enacted in 1853- was copied from the U.S. Constitution. But in the Civil Rights Section, there was a original and unique article. This article orders that: “The private acts of men, while they don’t affect the public moral or order, are exempt from the competence of the judges, and can be only judged by God”.

This article prevented gay sex criminalization or sodomy crimes, like the ones that existed (and even still exist in countries like Chile, United States, United Kingdom, etc.). No one could say what you do with your body or life, if you made it in the safeguard of your house/apartment since 1853.

I heard some stories about doubting about the sexuality of the writer of our constitution, Juan Bautista Alberdi. I don’t have sources to confirm or not this versions (and I don’t want to get sued by his family who may think being gay is a bad thing). The only thing that matters is that this article was unique in the World, was his invention, and he was pretty enlightened and bright. My conclusion, you don’t need to be gay to defend our rights, only enlightened and bright guy.


Our National Constitution bans discrimination, and all the Human Rights Treaties that are part of it, but does not talk about sexual orientation (it wasn’t a term that existed in 1853, and this part of the Bill wasn’t changed in the 1994 Reform. Buenos Aires Constitution -dictated in 1996- forbids discrimination based on sexual orientation.

Gay Marriage Law 26.618

With the enactment by Congres of act 26.618 on July 2010, gay couples can marry in any civil registry. The new regulation, allows marriage between same sex and enables them to adopt children

The new law recognizes the same rights and obligations for homosexual or heterosexual marriage and provides that all references to the institution of marriage that contains the Argentine legal means applicable to both marriage consists of two persons of the same sex as the composed two people of opposite sex.

Also states that no provision of the Argentine legal system may be interpreted or applied so as to limit, restrict, exclude or suppress the full exercise of the rights and obligations to married couples made up of people of the same sex or include persons from opposite sex.

For adoption, establishing equal rights for gay and heterosexual marriages and makes clear that the adopted child may bear the name of both spouses and, if no agreement on what to use first be decided alphabetically.

If it had been adopted by one of them, first take the surname of the adopter, which may be added that of the couple.

Provides that in case of separation in heterosexual marriages, the child must stay with their mother until the age of five, while those made of the same sex will be the judge who must decide taking into account the interest of the child.

As for the responsibility as parents, homosexuals have the same obligations as any heterosexual partner can be sued for providing alimony.

Before the enactment of the law, several activists got decisions from judges declaring the ban of same sex marriages discriminatory and unconstitutional and were allowed to marry.

Civil Unnion and Gay Marriage Rights.

Buenos Aires was the first city in Latin America to legalize same sex civil unions. In the scope of the Buenos Aires City, from July 2003, it is possible to celebrate a civil union, that allows couples of the same sex to be recognized like families by the Local government.

It is not a marriage, but a contract that it qualifies to pairs of gays and lesbians – with more of a year of coexistence and also of heterosexuals whom they do not love to marry, to have official recognition and some benefits included/understood in the marriage contract.

Since this civil unions were approved, the Local Civil Registry celebrated thousands of  civil unions in Buenos Aires.

With this union, anyone of the two can request in its place of work that their pair is considered as a relative to be able to enroll him in his/her Medical Insurance, to request license in case of disease or to require retirements and pensions. For that they need to get a note certifying the couple lives together.

This proceeding can be made from the first day of coexistence and it is obtained in the Civil Registry and each one of the Decentralized Centers of the Local Government.